Re: Copyright and free speech (Was: Infringement Happening...)

Martin Perlberger <mpesq[_at_]perlberger.com> wrote:
>
> Then, was it really copyright law or its uncertainty (is there a law
> without uncertainty?) rather than fear of an unfounded, baseless claim
> by a member which "trumped" free speech?
>
> Martin
>
> John H. Lederer <johnl[_at_]ibm.net> wrote:
> >
> > All of what you say is true, but:
> >
> > (1) the author of the letter was a member
> > (2) the issue was tenagential to a possibly cantankerous issue we
> > wanted resolved
> > (3) any board, committee, or group will seek a compromise
> >
> > Points like these are often true in real life. When things are open
> > to question, one often tries to duck rather than resolve.
> >
> > If I am unsure whether I would trespass or not if I walked mu dog
> > through a patch of woods, I am likely not to walk my dog there
> > rather than seek a conflict that would resolve the issue.
> >
> > This is the corrosive effect on free speech of uncertainty in
> > copyright law.
>
> see supra

Had our counsel given us an opinion that we would certainly win, we probably would have gone ahead and included the letter.

He did not -- his opinion was along the line of "I think we would probably win, but the issue is one that certainly can be litigated, and there is some case law that would tend to support the author".

I should note that his opinion and the decision had to be made with great speed. The threat to sue was delivered about 2 hours before the Board of Governors meeting.

Martin Perlberger
Perlberger Law Offices
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Los Angeles, CA 90025

15 Park Row, #500
New York, NY 10038

http://www.perlberger.com/
mpesq[_at_]perlberger.com Received on Thu Jul 23 1998 - 19:19:52 GMT